Penalties for violations
Currently, any person who violates any provision of the campaign finance law,
except a contribution prohibition, is subject to a forfeiture (civil penalty) of not more
than $500 for each violation. This bill increases this amount to $1,500. In addition,
currently, any person who is delinquent in filing a report is subject to a forfeiture of
not more than $50 or 1% of the annual salary of the office for which a candidate is

being supported or opposed, whichever is greater, for each day of delinquency. This
bill increases these amounts to a maximum of $150 or 3% of the annual salary,
whichever is greater. Currently, any person who makes an unlawful contribution is
subject to a forfeiture of treble the amount of the unlawful contribution. This bill
increases this amount to nine times the amount of the unlawful contribution.
Currently, whoever intentionally violates certain provisions of the campaign
finance law, such as registration requirements, contribution limitations, the
prohibition against making contributions in the name of another person, the
prohibition against using contributions for most nonpolitical purposes and the
prohibition against filing false reports and statements may be fined not more than
$1,000 or imprisoned for not more than six months, or both, if the violation does not
exceed $100 in amount or value, and may be fined not more than $10,000 or
imprisoned for not more than three years, or both, if the violation exceeds $100 in
amount or value. This bill increases these amounts to a maximum fine of $3,000 or
imprisonment for not more than one year, or both, if the violation does not exceed
$100 in amount or value, and a maximum fine of $30,000 or imprisonment for not
more than nine years, or both, if the violation exceeds $100 in amount or value.
Public funding of campaigns for county and 1st class city offices
The bill permits counties and 1st class cities to provide by ordinance for
appropriations to pay for lawful campaign expenses of candidates for county and city
offices, subject to reasonable qualifications and agreements by candidates to adhere
to disbursement and self-contribution limitations. Under the bill, any such
ordinance may prescribe civil penalties for violations of the ordinance or an
agreement entered into under the ordinance not exceeding the amount that would
apply to a violation of the state campaign finance law. The bill also directs the
elections board to review the operation of any such ordinance and provide its
recommendations, if any, concerning extension of a similar system of public funding
to other campaigns for local elective offices in this state to the appropriate legislative
standing committees.
Currently, counties have no such authority. Cities may have such authority
under constitutional home rule powers if an enactment of this nature is considered
to be a "local affair".
Composition of the elections board
Currently, the elections board consists of eight members appointed by the
governor for two-year terms without senate confirmation. One member is selected
by the governor and one member each is designated by the chief justice of the
supreme court, the speaker of the assembly, the senate majority leader, the minority
leader in each house of the legislature, and the chief officer of each political party
qualifying for a separate ballot or column on the ballot whose candidate for governor
received at least 10% of the vote in the most recent gubernatorial election.
The bill recreates the board to consist of eight members appointed by the
governor for staggered four-year terms. One member is selected by the governor and
one member each is designated by the speaker of the assembly, the senate majority

leader and the minority leader in each house of the legislature. Three additional
nonpartisan members are appointed by the governor, subject to senate confirmation.
Under the bill, no nonpartisan member may hold any other office or employment in
the government of this state or any political subdivision thereof or in any department
of state government. In addition, no nonpartisan member, for one year immediately
prior to the date of appointment, may have been, or while serving on the board may
become, a member of a political party, an officer or member of a committee in any
partisan political club or organization or a candidate for any partisan elective public
office. Under the bill, the members of the current board serve until all of the members
of the board who are appointed under the bill qualify for office, at which time the
current members are replaced.
Determinations concerning application of election laws
Currently, any interested person may request a written opinion from the
elections board concerning the person's authority or responsibilities under the
election laws. The board may provide the opinion. No person acting in good faith
upon such an opinion is subject to prosecution for so acting, if the material facts are
as stated in the opinion request. Also, currently, any interested person may petition
the elections board under the state administrative procedure act for a "declaratory
ruling" concerning the applicability to any person, property or facts of any election
law or rule of the board. The board may issue the ruling, and is thereafter bound by
its decision if the facts are as stated in the petition. The declaratory ruling may be
reviewed in court. In addition, currently, any elector of a jurisdiction may contest
before the elections board the decision of any election official of that jurisdiction with
respect to certain specified matters or the board may, on its own motion, investigate
and determine whether an election official is acting in conformity with the law
concerning one of those specified matters. The decision of the board may be reviewed
in court.
This bill establishes, in addition to these procedures, a new procedure whereby
any person may file a petition requesting a ruling concerning the application of the
election laws or rules of the elections board to a particular person or set of facts
described in the petition. The bill directs the board to employ an election examiner
to rule upon the petition. If the petition concerns a question as to whether an election
official or a private person is acting in conformity with the law or rules of the board,
that official or private person must be made a party to the proceeding. The election
examiner must issue a decision, unless the examiner decides, upon motion of an
opposing party, that the petition is clearly without merit. The election examiner may
order an election official or private person to act in conformity with the election laws
or rules of the board, but may not impose a penalty for an alleged violation. The
decision of the election examiner may be appealed to the board. In deciding the
appeal, the board is not bound by any findings of fact or conclusions of law made by
the examiner with respect to the matter. The procedure does not apply to any matter
in which the action or inaction of the board or its executive director is contested, nor
to any matter arising in connection with a recount. The bill directs the elections

board to periodically examine and review decisions issued under the procedure with
a view to clarifying and improving the administration of the election laws.
Biennial review of campaign finance practices
The bill directs the elections board to conduct a biennial review of campaign
finance practices in this state. The review must include an assessment of the
continued appropriateness of the contribution limitations prescribed by law and any
other important problems that require the attention of the legislature, as well as an
assessment of whether a bipartisan committee should be created to provide for
additional study of issues and recommendations for possible additional legislative
changes. If the board concludes that any contribution limitations should be
increased or that any other action should be taken as a result of its review, the board
is directed to transmit its conclusions and recommendations to the appropriate
standing committees of the legislature, together with any information supporting
the board's conclusions.
Study of campaign finance law enforcement
The bill requests the joint legislative council to review the process for detecting
and penalizing violations of the state campaign finance law, with a view to detecting
violations quickly and punishing violators firmly, and to report its findings,
conclusions and recommendations, together with any proposed legislation, to the
2001 legislature when it convenes.
Future study of campaign finance reform
Currently, the governor may create nonstatutory committees to provide advice
concerning policy formation. The bill directs the governor, in cooperation with the
legislature, to exercise this existing authority to create a committee to study
campaign finance reform whenever changing electoral dynamics and campaign
finance technology demand such action. The bill further directs the joint committee
on legislative organization, in cooperation with the governor, to propose the creation
of such a committee whenever those conditions arise.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB256, s. 1 1Section 1. 5.02 (13) of the statutes is amended to read:
AB256,13,42 5.02 (13) "Political party" or "party" means a state committee registered under
3s. 11.05 and organized exclusively for political purposes under whose name

1candidates appear on a ballot at any election, and all county, congressional,
2legislative, local and other affiliated committees authorized to operate under the
3same name. For purposes of ch. 11, the term does not include a legislative campaign
4committee or
a committee filing an oath under s. 11.06 (7).
AB256, s. 2 5Section 2. 5.05 (10) of the statutes is created to read:
AB256,13,76 5.05 (10) Election examiner. The board shall employ an election examiner to
7conduct hearings and issue decisions under s. 5.065.
AB256, s. 3 8Section 3. 5.065 of the statutes is created to read:
AB256,13,11 95.065 Determinations concerning application of election laws. (1) In
10this section, "election official" includes the board and any board of election
11commissioners under s. 7.20.
AB256,13,18 12(2) Any person may file a petition with the board requesting that the election
13examiner issue a decision concerning the application of the election laws or rules of
14the board to a particular person or particular set of facts described in the petition.
15The election examiner shall issue a decision based upon any facts described without
16regard to the correctness of those facts. A decision of the election examiner applies
17only with respect to the material facts described in the petition requesting the
18decision.
AB256,13,25 19(3) If the petition concerns a question as to whether an election official or a
20private person is acting in conformity with the law or rules of the board, the matter
21shall be treated as a contested case, the petitioner shall serve a copy of the petition
22upon that official or private person and that official or private person shall be a party
23to the case. An election official or private person may move to dismiss the petition
24if it is clearly without merit. If the election examiner finds, in response to a motion,
25that a petition is clearly without merit, the examiner shall dismiss the petition.
AB256,14,4
1(4) In every contested case, the election examiner shall make findings of fact
2and conclusions of law. The election examiner may order an election official or a
3private person to act in conformity with the election laws or rules of the board, but
4may not impose a penalty for an alleged violation.
AB256,14,8 5(5) The petitioner or any election official or private person who is a party to a
6contested case under this section may appeal the decision of the election examiner
7to the board, which may review the decision without regard to any findings of fact
8or conclusions of law made by the election examiner.
AB256,14,11 9(6) A person who is not a party to a case under this section is not bound by any
10decision in that case. The decision of the election examiner in any contested case
11arising under this section is subject to review as provided in s. 227.57.
AB256,14,13 12(7) (a) This section does not apply to any matter in which the action or inaction
13of the board or its executive director is contested.
AB256,14,1514 (b) This section does not apply to any matter arising in connection with a
15recount under s. 9.01.
AB256,14,18 16(8) The board shall periodically examine and review decisions of the election
17examiner under this section with a view to clarifying and improving the
18administration of the election laws of this state.
AB256, s. 4 19Section 4. 7.08 (2) (c) of the statutes is amended to read:
AB256,15,220 7.08 (2) (c) As soon as possible after the canvass of the spring and September
21primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
22September, transmit to the state treasurer a certified list of all eligible candidates
23for state office who have filed applications under s. 11.50 (2) and whom the board
24determines to be eligible to receive payments from the Wisconsin clean election
25campaign system fund. The list shall contain each candidate's name, the mailing

1address indicated upon the candidate's registration form, the office for which the
2individual is a candidate and the party or principle which he or she represents, if any.
AB256, s. 5 3Section 5. 7.08 (2) (cm) of the statutes is amended to read:
AB256,15,144 7.08 (2) (cm) As soon as possible after the canvass of a special primary, or the
5date that the primary would be held, if required, transmit to the state treasurer a
6certified list of all eligible candidates for state office who have filed applications
7under s. 11.50 (2) and whom the board determines to be eligible to receive a grant
8from the Wisconsin clean election campaign system fund prior to the election. The
9board shall also transmit a similar list of candidates, if any, who have filed
10applications under s. 11.50 (2) and whom the board determines to be eligible to
11receive a grant under s. 11.50 (1) (a) 2. after the special election. The list shall contain
12each candidate's name, the mailing address indicated upon the candidate's
13registration form, the office for which the individual is a candidate and the party or
14principle which he or she represents, if any.
AB256, s. 6 15Section 6. 8.35 (4) (b) and (c) of the statutes are amended to read:
AB256,15,2416 8.35 (4) (b) Notwithstanding par. (a), if the former candidate received a grant
17from the Wisconsin clean election system fund,
any unspent and unencumbered
18moneys received by a in the campaign depository account of that candidate from the
19Wisconsin election campaign fund
, up to the amount of the grant received, shall be
20immediately transferred to any candidate who is appointed to replace such
21candidate, upon filing of a proper and approval of an application therefor for a grant
22by the replacement candidate
under s. 11.50 (2). If there is no candidate appointed
23or if no proper application is filed and approved within 7 days of the date on which
24the vacancy occurs, such moneys shall revert to the state as provided in s. 11.50 (8).
AB256,16,10
1(c) The transfer under par. (b) shall be made and reported to the appropriate
2filing officer in a special report submitted by the former candidate's campaign
3treasurer. If the former candidate is deceased and was serving as his or her own
4campaign treasurer, the former candidate's petitioner or personal representative
5shall file the report and make the transfer required by par. (b), if any and file the
6report
. The report shall be made at the appropriate interval under s. 11.20 (2) or (4)
7and shall
include a complete statement of all contributions, disbursements and
8incurred obligations pursuant to s. 11.06 (1) covering the period from the day after
9the last date covered on the former candidate's most recent report to the date of
10disposition.
AB256, s. 7 11Section 7. 10.02 (3) (b) 2m. of the statutes is amended to read:
AB256,16,2112 10.02 (3) (b) 2m. At the September primary, the elector shall select the party
13ballot of his or her choice or the ballot containing the names of the independent
14candidates for state office, and make a cross (8) in the square at the right of or depress
15the lever or button next to the candidate's name for each office for whom the elector
16intends to vote or insert or write in the name of the elector's choice for a party
17candidate, if any. In order to qualify for participation in the Wisconsin clean election
18campaign system fund, a candidate for state office at the September primary, other
19than a candidate for district attorney, must receive at least 6% of all votes cast on all
20ballots for the office for which he or she is a candidate, in addition to other
21requirements.
AB256, s. 8 22Section 8. 11.01 (12s) of the statutes is repealed.
AB256, s. 9 23Section 9. 11.05 (2r) of the statutes is amended to read:
AB256,17,2024 11.05 (2r) General reporting exemptions. Any person, committee or group,
25other than a candidate for a statewide or legislative office or the personal campaign

1committee of such a candidate or a
committee or individual required to file an oath
2under s. 11.06 (7), who or which does not anticipate accepting contributions, making
3disbursements or incurring obligations in an aggregate amount in excess of $1,000
4in a calendar year and does not anticipate accepting any contribution or
5contributions from a single source, other than contributions made by a candidate to
6his or her own campaign, exceeding $100 in that year may indicate on its registration
7statement that the person, committee or group will not accept contributions, incur
8obligations or make disbursements in the aggregate in excess of $1,000 in any
9calendar year and will not accept any contribution or contributions from a single
10source, other than contributions made by a candidate to his or her own campaign,
11exceeding $100 in such year. Any registrant making such an indication is not subject
12to any filing requirement if the statement is true. The registrant need not file a
13termination report. A registrant not making such an indication on a registration
14statement is subject to a filing requirement. The indication may be revoked and the
15registrant is then subject to a filing requirement as of the date of revocation, or the
16date that aggregate contributions, disbursements or obligations for the calendar
17year exceed $1,000, or the date on which the registrant accepts any contribution or
18contributions exceeding $100 from a single source, other than contributions made by
19a candidate to his or her own campaign, during that year, whichever is earlier. If the
20revocation is not timely, the registrant violates s. 11.27 (1).
AB256, s. 10 21Section 10. 11.05 (3) (c) of the statutes is amended to read:
AB256,17,2522 11.05 (3) (c) In the case of a committee, a statement as to whether the
23committee is a personal campaign committee, a political party committee, a
24legislative campaign committee,
a support committee or a special interest
25committee.
AB256, s. 11
1Section 11. 11.05 (3) (o) of the statutes is repealed.
AB256, s. 12 2Section 12. 11.05 (9) (b) of the statutes is amended to read:
AB256,18,83 11.05 (9) (b) An individual who or a committee or group which receives a
4contribution of money and transfers the contribution to another individual,
5committee or group while acting as a conduit is not subject to registration under this
6section unless the individual, committee or group transfers the contribution to a
7candidate or a personal campaign, legislative campaign, political party or support
8committee.
AB256, s. 13 9Section 13. 11.06 (1) (intro.) of the statutes is amended to read:
AB256,18,1610 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), and (3)
11and (3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make
12full reports, upon a form prescribed by the board and signed by the appropriate
13individual under sub. (5), of all contributions received, contributions or
14disbursements made, and obligations incurred. Each report shall contain the
15following information, covering the period since the last date covered on the previous
16report, unless otherwise provided:
AB256, s. 14 17Section 14. 11.06 (1) (a) of the statutes is amended to read:
AB256,18,2318 11.06 (1) (a) An itemized statement giving the date, full name and street
19address of each contributor who has made a contribution in excess of $20, or whose
20contribution if $20 or less aggregates more than $20 for the calendar year, together
21with the amount of the contribution and, the cumulative total contributions made by
22that contributor for the calendar year and any allocation of all or part of that
23contribution which is required to be made under s. 11.26 (17) (a)
.
AB256, s. 15 24Section 15. 11.06 (2) of the statutes is amended to read:
AB256,19,9
111.06 (2) Disclosure of certain indirect disbursements. Notwithstanding
2sub. (1), if a disbursement is made or obligation incurred by an individual other than
3a candidate or by a committee or group which is not primarily organized for political
4purposes, and the disbursement does not constitute a contribution to any candidate
5or other individual, committee or group, the disbursement or obligation is required
6to be reported only if the purpose is to expressly advocate the election or defeat of a
7clearly identified candidate or the adoption or rejection of a referendum. The
8exemption provided by this subsection shall in no case be construed to apply to a
9political party, legislative campaign, personal campaign or support committee.
AB256, s. 16 10Section 16. 11.06 (3m) of the statutes is repealed.
AB256, s. 17 11Section 17. 11.06 (3r) of the statutes is repealed.
AB256, s. 18 12Section 18. 11.06 (3w) of the statutes is repealed.
AB256, s. 19 13Section 19. 11.06 (4) (b) of the statutes is amended to read:
AB256,19,2414 11.06 (4) (b) Unless The recipient of any contribution other than a conduit shall
15report the contribution as received and accepted on the date received, unless
it is
16returned or donated within 15 days of receipt, a contribution must be reported as
17received and accepted on
the date received. A conduit who or which receives a
18contribution shall report the contribution as received and accepted no later than the
19date on which the conduit transfers the contribution to the recipient specified by the
20contributor under s. 11.16 (4) (a) unless the conduit returns the contribution to the
21contributor on or before that date.
This subsection paragraph applies
22notwithstanding the fact that the contribution is not deposited in the a campaign
23depository account by the closing date for the reporting period as provided in s. 11.20
24(8).
AB256, s. 20 25Section 20. 11.06 (7m) (a) of the statutes is amended to read:
AB256,20,15
111.06 (7m) (a) If a committee which was registered under s. 11.05 as a political
2party committee or legislative campaign committee supporting candidates of a
3political party files an oath under sub. (7) affirming that it does not act in cooperation
4or consultation with any candidate who is nominated to appear on the party ballot
5of the party at a general or special election, that the committee does not act in concert
6with, or at the request or suggestion of, such a candidate, that the committee does
7not act in cooperation or consultation with such a candidate or agent or authorized
8committee of such a candidate who benefits from a disbursement made in opposition
9to another candidate, and that the committee does not act in concert with, or at the
10request or suggestion of, such a candidate or agent or authorized committee of such
11a candidate who benefits from a disbursement made in opposition to another
12candidate, the committee filing the oath may not make any contributions in support
13of any candidate of the party at the general or special election or in opposition to any
14such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as
15authorized in par. (c).
AB256, s. 21 16Section 21. 11.06 (7m) (c) of the statutes is amended to read:
AB256,20,2317 11.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change
18its status to a political party committee or legislative campaign committee may do
19so as of December 31 of any even-numbered year. Section 11.26 does not apply to
20contributions received by such a committee prior to the date of the change. Such a
21committee may change its status at other times only by filing a termination
22statement under s. 11.19 (1) and reregistering as a newly organized committee
23under s. 11.05.
AB256, s. 22 24Section 22. 11.06 (11) (a) of the statutes is amended to read:
AB256,21,7
111.06 (11) (a) A conduit transferring a contribution of money shall, in writing,
2identify itself to the transferee as a conduit and report to the transferee of each
3contribution transferred by it the information about the original contributor
4required for reporting purposes under sub. (1) (a) and (b) at the time the contribution
5is transferred. The conduit shall include the information in its any report filed by
6the conduit
under s. 11.12 (5) or, 11.20 or 11.21 (16) for the date on which the
7contribution is received and transferred.
AB256, s. 23 8Section 23. 11.065 of the statutes is created to read:
AB256,21,11 911.065 Registration and reports by certain individuals and
10organizations. (1)
(a) "Mass mailing" means the distribution of 50 or more pieces
11of substantially identical material.
AB256,21,1312 (b) "Organization" means any person, other than an individual, and any
13combination of 2 or more persons.
AB256,21,1514 (c) "Telephone bank operator" means any person who places or directs the
15placement of telephone calls to individuals.
AB256,22,7 16(2) Any individual who or organization which receives one or more donations
17and makes one or more expenditures from those donations or other income for the
18purpose of publishing, broadcasting or disseminating a communication which
19includes the name or likeness of a candidate for state or local office at a primary or
20other election within 30 days of that election by means of one or more
21communications media or a mass mailing or through a telephone bank operator,
22prior to receiving any donations or making expenditures, which, in the aggregate,
23exceed $1,000 within a calendar year in amount or value for that purpose, shall
24register with the filing officer of the candidate whose name or likeness is used. The
25registration shall include the name of each candidate whose name or likeness is

1included in any communication made by the individual or organization. If, after the
2date of registration, the individual or organization determines to make a
3communication which includes the name or likeness of a candidate for state or local
4office who is not identified in the registration, and the communication would require
5registration under this subsection, the individual or organization shall, before
6making the communication, report the name of that candidate to the appropriate
7filing officer.
AB256,22,9 8(3) A registrant under sub. (2) shall file reports with each filing officer with
9whom the individual or organization is registered identifying all of the following:
AB256,22,1410 (a) Each donation received from a single source exceeding $20 within a
11calendar year, together with the amount of the donation, the date that the donation
12was received and accepted, the name and address of the donor and, if the amount of
13the donation exceeds $100 cumulatively within a calendar year, the occupation and
14principal place of employment of the donor.
AB256,22,1815 (b) Each expenditure exceeding $20 made, together with the amount of the
16expenditure, the date that the expenditure was made, the name of the person to
17whom the expenditure was made and the specific purpose for which the expenditure
18was made.
AB256,22,2019 (c) The total donations and other income received and accepted and total
20expenditures made cumulatively for the calendar year.
AB256,23,4 21(4) (a) If an individual or organization under sub. (2) receives income or makes
22expenditures exceeding $20,000 in amount or value within a campaign period, as
23defined in s. 11.21 (16), for a purpose specified in sub. (2) with respect to one or more
24candidates for state office, the individual or organization shall file reports with the
25board under s. 11.21 (16) which include the information required under sub. (3)

1relating to that income or those expenditures at the times specified in s. 11.20 (2),
2(2m) and (4). In addition, the individual or organization shall file reports recorded
3on a medium specified by the board. The reports shall be signed by an authorized
4individual and filed at the times specified in s. 11.20 (2), (2m) and (4).
AB256,23,135 (b) If an individual or organization under sub. (2) receives income or makes
6expenditures with respect to one or more candidates for state office not exceeding
7$20,000 in amount or value within a calendar year, or if an individual or organization
8under sub. (2) receives income or makes expenditures with respect to one or more
9candidates for local office, for a purpose specified in sub. (2), the individual or
10organization shall report to the appropriate filing officer the information required
11under sub. (3) in the form prescribed by the board at the times specified in s. 11.20
12(2), (2m) and (4) for filing of reports by each candidate who is identified in a
13communication made by the individual or organization.
AB256,23,1614 (c) Each report filed under this section shall include all income received and
15accepted and all expenditures made as of the applicable dates specified in s. 11.20
16(8).
AB256,23,23 17(5) An individual who or organization which determines that it will no longer
18accept donations or make expenditures for a purpose specified in sub. (2) may file a
19notice of termination of its registration with any filing officer with whom the
20individual or organization is registered. An individual who or organization which
21files a notice of termination under this subsection is not subject to the filing
22requirement under sub. (3) until such time as the individual or organization again
23accepts a donation or makes an expenditure for a purpose specified in sub. (2).
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